WorkCover Queensland v Lawson

• 1. Limitation of Actions
  2. › Extension of limitation period
  3. › Material fact of a decisive character
  4. › Personal injury claim
  5. › Whether diagnosis of arthritis constituted material fact of decisive character where continuing symptoms known
  6. › Whether knowledge of symptoms sufficient without specific diagnosis
  7. › Limitation of Actions Act 1974 (Qld), s 31(2)(a)
• 1. Limitation of Actions
  2. › Extension of limitation period
  3. › Discretion to extend
  4. › Prejudice to defendant
  5. › Onus on applicant to show fair trial available
  6. › Whether applicant discharged onus where witnesses unavailable and records lost after 21 years
  7. › Limitation of Actions Act 1974 (Qld), s 31(2)
• 1. Appeal
  2. › Interference with discretion of court below
  3. › Extension of limitation period
  4. › Whether primary judge's finding that original injury had resolved was open on the evidence
  5. › Whether discretion miscarried

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